Supreme Court Justice Ujjal Bhuyan has questioned the arrest of 14 Muslim youths for consuming chicken biryani while on a boat in the Ganga, stating that there is no law prohibiting the consumption of chicken over the river. He also warned that the space for peaceful dissent in India is shrinking, with ordinary acts increasingly being treated as criminal offences.
Justice Bhuyan made the remarks while delivering the 4th Memorial Lecture of Justice G.P. Singh at the National Law Institute University (NLIU), Bhopal.
Referring to the arrest of the Muslim youths in Varanasi earlier this year, Justice Bhuyan said, “I am sure consuming chicken biryani is not an offence. There is no law prohibiting consumption of chicken over the Ganga river; they were arrested for that very reason and they had to remain in jail for three months. Can people be arrested and denied bail for 3 months for such an activity, I ask myself! Citizens are watching, people are watching.”
The case dates back to March 2026, when the Varanasi Police arrested 14 Muslim youths after complaints alleged that they were consuming chicken biryani during an iftar gathering on a boat in the Ganga and discarding meat bones and leftovers into the river, which is considered sacred in Sanatan Dharma.
Police booked the accused under Sections 298 and 299 of the Bharatiya Nyaya Sanhita (BNS) for allegedly outraging religious feelings, promoting enmity, creating public nuisance, and under provisions of the Water (Prevention and Control of Pollution) Act.
‘Public Space For Dissent Is Shrinking’
Justice Bhuyan said the incident reflected a broader pattern of criminalising ordinary activities and dissent.
“It will not be an exaggeration to say that public space for expressing divergent opinion is shrinking in India. Right to express one’s views and right to demonstrate peacefully are fundamental freedoms of citizens. Debate and dissent are the essence of democracy. Unfortunately, even formal activities are criminalised.”
He also expressed concern over the treatment of environmental activists and student protesters, saying:
“People who come to voice their anguish over environmental degradation, which is a reality, are chased away as if they are criminals. Students protesting on campuses are arrested, and they do not get bail for 30-40 days.”
Justice Bhuyan added that students often face suspension following their arrest, forcing them to approach courts before being allowed to resume their education.
Questions Restrictive Bail Conditions
While acknowledging that courts often grant bail, Justice Bhuyan said the relief frequently comes too late and is accompanied by restrictive conditions that may discourage citizens from expressing dissent.
“Though the courts are responsive and do grant bail, many a time it is belated. But it is the restrictive conditions which are imposed while granting bail that are causing the greatest concern. By such restrictive orders, are the courts indirectly telling the citizens or discouraging the citizens not to express their dissent?”
He referred to the Supreme Court’s 2024 judgment against punitive “bulldozer justice,” describing it as a welcome ruling but remarking that it had come “two years too late.”
Justice Bhuyan also criticized instances where courts imposed conditions preventing accused persons released on bail from attending public meetings or posting on social media, saying such restrictions “severely undermine their fundamental freedoms and liberty.”
Remarks On Palestine Protest Case
Justice Bhuyan also referred to the Bombay High Court’s refusal to permit a demonstration in solidarity with Palestine, recalling the observations made by the court.
“I found it very amusing that when in Bombay, Shivaji Park, when a group of people wanted to demonstrate in solidarity with the people of Gaza, the permission was not granted by the government. So, they moved a writ in the Bombay High Court; the learned judge said ‘don’t you have any issues in India, why do you have to go that far to agitate?'”
He noted that India has historically recognized Palestine and hosts a Palestinian Embassy, questioning the reasoning behind objecting to demonstrations over international humanitarian issues.
Judiciary Must Welcome Criticism
Justice Bhuyan also stressed that the judiciary should not consider itself beyond criticism and urged lawyers and law students to critically evaluate judicial decisions rather than offering unquestioning praise.
Referring to recent Supreme Court judgments, including the ruling on Economically Weaker Sections (EWS) reservation, he said that blind appreciation would not strengthen the institution.
According to Justice Bhuyan, the credibility of the Supreme Court ultimately depends on the confidence it enjoys among the people, rather than on self-congratulatory narratives.
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